Dischargeability Of Debt

181 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Wood v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.
  825 F.2d 90· 5th Cir.· 1987-08-26 ·cited 87×
  A proceeding is a core bankruptcy proceeding if it invokes a substantive right provided by Title 11 or is a proceeding that could arise only in the context of a bankruptcy case; otherwise, it is a non-core proceeding.
• In re Houtman v. Mann
  568 F.2d 651· 9th Cir.· 1978-01-25 ·cited 62×
  The court held that the lower courts may have erroneously applied res judicata to a state court judgment, preventing an independent determination of dischargeability in bankruptcy.
• In re Durensky v. Durensky
  519 F.2d 1024· 5th Cir.· 1975-09-18 ·cited 60×
  The court held that an order denying a motion to dismiss for lack of jurisdiction, even in a bankruptcy proceeding, is not appealable as of right unless it possesses 'definitive operative finality'.
• In re Rimgale v. Rimgale
  669 F.2d 426· 7th Cir.· 1982-01-18 ·cited 49×
  The court held that the 'best interests' test in § 1325(a)(4) compares plan payments to Chapter 7 liquidation value, not potential post-liquidation collection, and that the good faith requirement under § 1325(a)(3) requires meaningful payments to unsecured creditors, necessitatin
• Carey Lumber Co. v. Bell
  615 F.2d 370· 5th Cir.· 1980-04-11 ·cited 40×
  A debt is nondischargeable under section 17(a)(4) of the Bankruptcy Act if it arises from a statutory trust created by the misapplication of construction funds, even without a finding of intentional wrongdoing or personal benefit to the bankrupt.
• In re Cross v. Cross
  666 F.2d 873· 5th Cir.· 1982-02-01 ·cited 39×
  Section 17(a)(4) of the Bankruptcy Act requires a pre-existing fiduciary duty between the claimant and the bankrupt for a debt to be nondischargeable due to defalcation; a corporate officer's mismanagement of corporate funds does not create such a duty to a corporate creditor.
• In re Comer v. Comer
  723 F.2d 737· 9th Cir.· 1984-01-13 ·cited 38×
  The bankruptcy court correctly determined a debt arising from a marital separation agreement was nondischargeable and properly excluded the debtor's evidence attacking the extent of the obligation, as that issue was already decided in state court and irrelevant to dischargeabilit
• Chrysler Credit Corp. v. Rebhan
  842 F.2d 1257· 11th Cir.· 1988-04-21 ·cited 37×
  The court held that a debtor's debt can be non-dischargeable under § 523(a)(6) if malice is implied or constructive, and that a prior dismissal of a claim can be modified before final adjudication.
• In re Ira Laurence Hunter v. Ira Laurence Hunter
  780 F.2d 1577· 11th Cir.· 1986-01-30 ·cited 37×
  The court held that a debtor's failure to voluntarily disclose personal habits or financial difficulties, without an express request or affirmative misrepresentation, does not constitute fraud sufficient to make a debt non-dischargeable in bankruptcy.
• Spilman v. Harley
  656 F.2d 224· 6th Cir.· 1981-08-07 ·cited 36×
  Collateral estoppel should apply to factual issues in bankruptcy dischargeability proceedings if the requirements are met, but the bankruptcy court must examine the entire state court record to determine if the issue was actually litigated and necessary to the prior decision.
• In re Garman v. Garman
  643 F.2d 1252· 7th Cir.· 1980-04-29 ·cited 31×
  The court denied the petition for rehearing and suggestion for rehearing en banc.
• In re Gregory v. Gregory
  705 F.2d 1118· 9th Cir.· 1983-05-09 ·cited 30×
  A Chapter 13 bankruptcy plan that expressly provides for zero payment to an unsecured creditor 'provides for' that claim, making it dischargeable upon completion of the plan, and a creditor's failure to object to confirmation or appeal precludes later challenges to the plan's leg
• In re Taylor v. Taylor
  514 F.2d 1370· 9th Cir.· 1975-04-18 ·cited 30×
  The findings of the referee were clearly erroneous because the bankrupt's omission of a significant debt from a loan statement demonstrated an intent to deceive.
• Birmingham Tr. Nat'l Bank v. Case
  755 F.2d 1474· 11th Cir.· 1985-03-25 ·cited 29×
  Reckless disregard for the truth constitutes a 'false representation' under § 523(a)(2)(A) of the Bankruptcy Code, and the entire debt incurred through such misrepresentation is nondischargeable.
• In re Neavear v. Schweiker
  674 F.2d 1201· 7th Cir.· 1982-04-05 ·cited 29×
  Section 207 of the Social Security Act does not exempt Social Security Administration overpayment debts from discharge in bankruptcy, and the SSA is subject to bankruptcy court jurisdiction regarding dischargeability.
• Coen v. Zick
  458 F.2d 326· 9th Cir.· 1972-04-03 ·cited 28×
  Liabilities for compensatory damages arising from willful and malicious acts are not dischargeable in bankruptcy, even if punitive damages are also awarded for the same conduct.
• In re Hunter v. Hunter
  771 F.2d 1126· 8th Cir.· 1985-08-20 ·cited 27×
  The court held that foreclosure sale proceeds should be allocated proportionally between dischargeable and nondischargeable debts when consolidated into a single note, and remanded for determination of ancillary fees and interest.
• In re Merrill v. Walter E. Heller & Co. OF Ala.
  594 F.2d 1064· 5th Cir.· 1979-05-14 ·cited 27×
  The court held that collateral estoppel did not bar claims of fraud and conversion, and that while the dischargeability issue was not a jury issue, the issues of liability and amount were.
• In re M. Frenville Co., Inc. v. M. Frenville Co., Inc.
  744 F.2d 332· 3d Cir.· 1984-09-17 ·cited 25×
  The automatic stay provision of 11 U.S.C. § 362(a)(1) does not apply to a cause of action that arises post-petition, even if the underlying acts occurred pre-petition.
• In re Burns v. United States
  887 F.2d 1541· 11th Cir.· 1989-11-13 ·cited 24×
  Post-petition interest on a nondischargeable tax debt is nondischargeable, but fraud penalties are dischargeable if the transaction occurred more than three years before the bankruptcy filing.
• In re Caldwell v. Caldwell
  851 F.2d 852· 6th Cir.· 1988-07-14 ·cited 24×
  The court held that the district court's decision vacating the bankruptcy court's confirmation of a Chapter 13 plan was unreviewable because it failed to make explicit findings of fact or conclusions of law, and thus remanded for the district court to perform its appellate duty.
• In re Cecchini v. Cecchini
  780 F.2d 1440· 9th Cir.· 1986-01-17 ·cited 24×
  A debt arising from the intentional conversion of another's property without just cause or excuse is considered a willful and malicious injury, making it nondischargeable under 11 U.S.C. § 523(a)(6), even without proof of specific intent to injure.
• Seven Elves v. Eskenazi
  704 F.2d 241· 5th Cir.· 1983-05-06 ·cited 24×
  The court held that a federal bankruptcy court's finding that a debt was dischargeable because it was not for willful and malicious injury operates as collateral estoppel on the issue of probable cause in a subsequent malicious prosecution action.
• Neufeld v. Freeman
  794 F.2d 149· 4th Cir.· 1986-06-18 ·cited 23×
  The court held that a debtor's pre-petition conduct and prior bankruptcy filings are relevant factors in determining the good faith of a Chapter 13 plan.
• In re Wagner
  808 F.2d 542· 7th Cir.· 1986-12-11 ·cited 22×
  The court held that 'gross income' in the Bankruptcy Code's definition of 'farmer' should be interpreted consistently with its meaning in federal income tax law to ensure a simple and certain test.
• In re Robinson v. McGUIGAN
  776 F.2d 30· 2d Cir.· 1985-10-29 ·cited 22×
  The court held that a criminal restitution obligation is a 'debt' under the Bankruptcy Code and is not automatically excepted from discharge, requiring creditors to file timely objections.
• In re Clarence Oral Calhoun fdba Bimbo's Place v. Clarence Oral Calhoun fdba Bimbo's Place
  715 F.2d 1103· 6th Cir.· 1983-08-30 ·cited 22×
  Debts assumed under a separation agreement to hold a former spouse harmless on joint debts are nondischargeable under 11 U.S.C. § 523(a)(5) only to the extent they are actually in the nature of alimony, maintenance, or support, as determined by federal bankruptcy law, not solely
• In re Rahm v. Rahm
  641 F.2d 755· 9th Cir.· 1981-04-06 ·cited 20×
  A default judgment for violating a statute prohibiting the recording of confidential communications does not, by itself, establish that the debtor acted with malice, thus the debt is dischargeable in bankruptcy.
• In re McMILLAN
  579 F.2d 289· 3d Cir.· 1978-06-21 ·cited 20×
  A default judgment from state court, grounded in fraud, does not have collateral estoppel effect in bankruptcy proceedings to establish nondischargeability of a debt under 11 U.S.C. § 35(a)(2) because the issues were not actually litigated.
• LEE v. Schweiker
  739 F.2d 870· 3d Cir.· 1984-06-29 ·cited 19×
  The Social Security Administration (SSA) cannot recoup pre-bankruptcy overpayments from a debtor's post-petition benefit checks due to the automatic stay, but it can retain pre-petition deductions as they do not violate the 'improvement in position' test.
• In re Braen v. Braen
  900 F.2d 621· 3d Cir.· 1990-03-30 ·cited 18×
  The court held that collateral estoppel applies to a state court malicious prosecution judgment for determining nondischargeability under § 523(a)(6) because the burden of proof and malice standard were equivalent.
• In re Jaylaw Drug, Inc. v. United States Internal Revenue Serv.
  621 F.2d 524· 2d Cir.· 1980-05-05 ·cited 18×
  Post-petition interest and penalties on federal tax claims are collectible from a rehabilitated debtor after Chapter XI proceedings, even if the estate is insufficient to pay them.
• In re Ross
  602 F.2d 604· 3d Cir.· 1979-07-26 ·cited 18×
  The court held that the bankruptcy court must first determine if collateral estoppel applies to the dischargeability issue, rather than the district court granting summary judgment.
• In re Larry Eugene Bennett. Larry Eugene Bennett v. W. T. Grant Co.
  481 F.2d 664· 4th Cir.· 1973-07-09 ·cited 18×
  The court held that while the debtor's conversion was willful and malicious, the bankruptcy court must also consider whether the creditor's actions or inactions after the conversion warrant discharge of the debt.
• In re Lowell S. Fallick v. Kehr
  369 F.2d 899· 2d Cir.· 1966-12-14 ·cited 18×
  The dissenting judge believes that a bankruptcy discharge's legal effect should not be subject to the unreviewable decision of an arbitrator.
• Watts v. Ellithorpe
  135 F.2d 1· 1st Cir.· 1943-04-27 ·cited 18×
  The court held that a bankruptcy court is not required, as a matter of right or discretion, to determine the dischargeability of a debt in all cases, especially when no unusual circumstances are present.
• In re Price v. Price
  871 F.2d 97· 9th Cir.· 1989-03-29 ·cited 17×
  Notice to a creditor's attorney of a bankruptcy filing is sufficient to apprise the creditor of the pendency of the dischargeability deadline, even if the creditor was not listed on the debtor's schedule.
• In re Chaffin
  816 F.2d 1070· 5th Cir.· 1987-05-19 ·cited 16×
  A prior declaration of non-dischargeability under the Bankruptcy Act of 1898 does not per se prevent discharge of that debt in a subsequent Chapter 13 case filed under the Bankruptcy Code, provided the debtor proposes the plan in good faith.
• Ford Motor Credit Co. v. Weaver
  680 F.2d 451· 6th Cir.· 1982-06-10 ·cited 16×
  The court held that the October 1974 debt was not duly scheduled and FMCC did not have notice, thus it was not dischargeable. The court also held that FMCC's security interest was unperfected. The personal liability of Robert Weaver was remanded for further determination.
• Sword Line, Inc. v. Indus. Comm'r of State of N.Y.
  212 F.2d 865· 2d Cir.· 1954-04-27 ·cited 16×
  Post-confirmation interest on tax claims is not collectible against a debtor after confirmation of its Chapter XI arrangement proceedings.
• Zitani v. Reed
  992 So. 2d 403· Fla. 2d DCA· 2008-10-15 ·cited 14×
  Zitani appeals a summary judgment dismissing his action to vacate a California judgment that the Reeds domesticated in Florida, claiming the judgment violated his bankruptcy discharge injunction. The court affirmed, holding that while the judgment may be voidable under bankruptcy
• In re Bowman v. Bowman
  821 F.2d 245· 5th Cir.· 1987-06-26 ·cited 14×
  A district court order reversing a bankruptcy court's dismissal and remanding for further proceedings is not a final order for purposes of appellate jurisdiction under 28 U.S.C. § 158(d).
• Leaseamerica Corp. v. Eckel
  710 F.2d 1470· 10th Cir.· 1983-07-06 ·cited 14×
  The court held that the district court did not err in affirming the bankruptcy court's denial of discharge for debts arising from willful and malicious conversion, nor in denying the motion for relief from judgment based on a settlement with a third party.
• In re Bassak v. Bassak
  705 F.2d 234· 7th Cir.· 1983-04-13 ·cited 14×
  The court held that it lacked jurisdiction to hear the appeal because the district court's order remanding the case to the bankruptcy court for further proceedings was not a final judgment.
• DEN Haerynck v. Thompson
  228 F.2d 72· 10th Cir.· 1955-11-14 ·cited 14×
  A judgment for damages arising from death caused by reckless and willful operation of an automobile is not dischargeable in bankruptcy.
• In re Johnson
  323 F.2d 574· 3d Cir.· 1963-10-07 ·cited 13×
  The court held that the bankruptcy court can look behind a state court's general judgment in fraud to determine dischargeability under the Bankruptcy Act.
• de Lapouyade v. Jonelle de Lapouyade
  711 So. 2d 1202· Fla. 2d DCA· 1998-04-29 ·cited 12×
  This is an appeal from post-dissolution orders concerning visitation modification, telephonic contact schedules, and the dischargeability of a $50,000 property settlement debt in bankruptcy. The court reversed the modification of every-other-weekend visitation (finding insufficie
• In re LeMAIRE v. LeMAIRE
  898 F.2d 1346· 8th Cir.· 1990-03-26 ·cited 12×
  The majority opinion, which is being dissented from, reversed the bankruptcy court's finding of good faith in a Chapter 13 plan. The dissent argues this reversal was based on the majority's own public policy views rather than established legal standards.
• In re Fulwiler v. Fulwiler
  624 F.2d 908· 9th Cir.· 1980-07-30 ·cited 12×
  Attorney fees are not awardable in a Section 17 non-dischargeability proceeding unless the creditor acted in bad faith or vexatiously.
• In re Martin v. Henley
  452 F.2d 295· 9th Cir.· 1971-11-24 ·cited 12×
  The court held that the referee exceeded his authority by amending a discharge order nunc pro tunc to exclude a debt, but affirmed the determination that the debt was nondischargeable as maintenance and support.